Wednesday, September 11, 2013

Copyright Law - First Circuit - Can You Prove You Own That Song?

Music licensing organization asserted copyright infringement claims
against “Radio Isla” in Puerto Rico.The
district court found collateral estoppel on certain songs barred some claims
that LAMCO had previously litigated and lost.Other ownership claims were submitted to the jury, some after the
district court had ruled on summary judgment at trial.LAMCO lost on all claims, and appealed the
district court’s referral of the ownership issue to the jury.Because the pretrial order asserted that
ownership was a contested issue at trial and because LAMCO did not object to a
special jury verdict form that asked the jury to decide the question, the
ownership issue was properly before the court.On several songs, the First Circuit affirmed LAMCO’s claims for failure
to prove registration.Instead of
proving copyright registration of individual songs, LAMCO’s registration
certificates only reflected a recording of an assignment to rights in the
songs.Accordingly, it was held that
this was insufficient proof of a registration of the copyright in the
underlying works.

Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.

About Me

Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014).
Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.